Bank Cheque Fraud: The Court of Cassation and the Place of Offence Completion (Judgment no. 30350/2025)

The Court of Cassation, with judgment no. 30350 of 09/07/2025 (filed on 05/09/2025), has clarified a crucial aspect of property crimes: the offence of fraud committed using bank cheques. This decision is fundamental for legal certainty and for the correct identification of territorial jurisdiction in criminal proceedings. Let us examine the implications of this important ruling.

The Jurisdiction Dilemma: Where is Fraud with Cheques Perfected?

The case, involving the defendant T. P.M. G. L., raised a central question: where is the offence of fraud considered to be completed when it occurs via cheques? The answer is vital for establishing the jurisdiction of the Court, according to Article 8 of the Code of Criminal Procedure. Fraud (Art. 640 of the Criminal Code) is constituted by artifices or stratagems that induce the victim to a patrimonial disposition with unjust damage. The use of cheques complicates the definition of the "locus commissi delicti", as issuance and damage can occur in different locations. Judgment no. 30350/2025 resolves this ambiguity.

The Court of Cassation's Ruling: The Criterion of Actual Damage

The Supreme Court, with the ruling in question, reiterated a key principle that clarifies the place of completion. We quote the ruling:

The offence of fraud committed through the issuance of bank cheques drawn on a current account is completed at the place where the collecting bank or its branch where the account is held is located, as it is at this place that the actual financial loss occurs for the drawer, through the debiting of the account with the funds for the instrument.

This ruling is decisive. The Court of Cassation establishes that the completion of fraud does not occur with the mere issuance of the cheque, but at the time and place where the financial loss to the victim materializes. The "collecting bank" is the institution that manages the account of the "drawer" (issuer). The "debiting" is the banking operation that deducts the sum from the account. It is here, in this place, that the victim's assets suffer a definitive reduction, perfecting the offence. This approach is consistent with the nature of fraud as a damage offence: the damage must be real and verifiable, which only occurs with the actual debiting of the account.

Practical Implications for Justice

Judgment no. 30350/2025 consolidates a fundamental orientation for determining territorial jurisdiction. Article 8 of the Code of Criminal Procedure links jurisdiction to the place where the offence is completed. Therefore, for fraud involving cheques, the Court of the place where the bank branch where the drawer's account is held is located and where the financial loss occurred will have jurisdiction. This principle offers:

• Clarity on Jurisdiction: It eliminates uncertainties when issuance and debiting occur in different locations.
• Guidance for Investigations: It provides a uniform criterion for authorities in identifying the competent forum.
• Greater Protection for the Victim: It allows the aggrieved party to definitively identify the judicial authority to approach.

This interpretation harmonizes with case law and strengthens the stability of the law, based on normative pillars such as Articles 8 of the Code of Criminal Procedure and 640 of the Criminal Code.

Conclusions: Legal Certainty in Property Criminal Law

Judgment no. 30350 of 2025 by the Court of Cassation is an important reference for Italian criminal law. By clarifying the place of completion of fraud through bank cheques, the Supreme Court not only resolves a practical issue of jurisdiction but also emphasizes the importance of actual financial damage as the key moment of the offence. This decision strengthens legal certainty and predictability. For advice on property crimes or jurisdiction issues, our firm is available.